Gavel to Gavel

VISTA -- An Oceanside man accused of killing another man during
a series of gang fights at a crowded Vista park allegedly told an
accomplice that he thought one of his shots struck someone,
Sheriff's detective Chris Serritella testified Monday.

The testimony came in the trial of Wes Averhart, who is charged
in an Aug. 17, 2003, shooting scene at Brengle Terrace Park.

When testimony is completed, Judge Harry Elias will decide if
there is enough evidence to order a trial in the case.

Averhart, 26, is one of four gang members accused of the murder
of Keric Mitchell, 25, and wounding of four others.

Averhart's 22-year-old brother, Trevell, and a juvenile are also
defendants in the hearing.

Another man, Curtis Stone, 28, waived his right to the
hearing.

The 86-acre park was crowded with an estimated 1,200 people
enjoying a warm late afternoon when a series of fights led to the
shootings.

The fights were prearranged to settle a dispute between two
rival gangs, and the park was used because it was considered
neutral territory, Serritella said.

-- City News Service

Oceanside man to face murder trial for toddler's
death

VISTA -- A judge ruled Monday that an Oceanside man must stand
trial for the death of a 2-year-old who may have been slammed
against a floor or wall and been dunked in water before she
died.

Gregory Leroy Smith, 36, faces charges of murder and assault on
a child. Judge Adrienne Orfield held Smith over for trial, which
was set for May 3.

The toddler, identified as "Alexis," died May 7, a day after
arriving at Children's Hospital in San Diego.

She had numerous bruises on her body, serious internal injuries
and blistered feet, according to Dr. Robert Whitmore, who did the
autopsy.

"I think she was thrown violently against the floor or flung
against the wall, something like that," said Whitmore, a deputy
county medical examiner.

Water was found in the girl's lungs, he said, suggesting the
youngster was immersed at some point.

-- City News Service

Man sentenced to 21 years for rape

VISTA -- A man who admitted raping a guest at a Carlsbad hotel
was sentenced Monday to 21 years in prison.

Martin Allen, 38, also was ordered by Judge Timothy Casserly to
pay more than $4,000 restitution.

The prosecution contended that Allen convinced the 22-year-old
victim to let him into her room at the Extended Stay of America
hotel on Grand Avenue on Jan. 24 so he could use the phone to call
members of a work crew.

The defendant then grabbed the victim from behind, tied her up
with duct tape and sexually assaulted her.

Allen's sentence was doubled because of his 1987 conviction for
robbing a pizza deliveryman.